Fire Safety Prosecutions

Managing Director fined £18,000 following a hotel fire in Lancashire

Following a fire at a hotel in Lancashire, the managing director was fined £18,000 (with costs of £1750). The company responsible for the hotel admitted responsibility for a number of offences in court. These included -

• Not completing a fire risk assessment
• Failure to maintain clear emergency exits
• Failure to maintain alarm and detection systems
• Failure to protect means of escape
• Not training the staff in fire safety

This prosecution should send a clear message that the owner of businesses must be fully aware of their responsibility with regard to fire safety and must have implemented measures necessary to keep staff and customers safe

 Landlord sent to prison for failing to comply with Fire Safety Order

Facilities managements companies, managing agents and landlords need to be aware that they are responsible for the premises that they manage (especially the common areas of these premises). This includes all relevant aspects of health and safety, including fire safety.

A Landlord has received and a four month custodial sentence for failing to comply with the Regulatory Reform (Fire Safety) Order 2005.

The London Fire Brigade prosecuted the defendant after a fatal fire resulted in the death of an individual at one of the many properties owned by the accused.

It was discovered that the defendant or his company had never completed a fire risk assessment and there were no provisions made for fire safety, smoke detection, emergency signs and many escape routes which would be used in the event of a fire were blocked.

As well as being sent to prison, the company of the guilty party was fined £21,000, plus costs.

 A common sense policy - championed by Fire and Rescue Services

A new policy statement that sets out how the Fire and Rescue Service should comply with occupational health and safety duties in their operations has been endorsed by Fire Rescue groups. Striking the balance sets out the HSE’s intention to take a sensible and proportionate approach to dealing with risk in the Fire Service. Although it stresses that (like all employers) fire and rescue authorities have a legal duty to protect their workers’ health and safety, it does not intend to prevent fire-fighters from doing their job. This follow concerns that health and safety legislation is misunderstood within some fire and rescue services in terms of operational works. Recently, a fatal accident inquiry in Scotland heard evidence that a health and safety memo prevented fire-fighters from rescuing a woman who had fallen down an old mine shaft in Galston, Ayrshire, back in July 2008.

Speaking at the launch, HSE chair Judith Hackitt said:

"We want to clear up any misunderstandings – a proper approach to health and safety does not prevent fire-fighters from doing their job.”